Trial courts to take swift action to record evidence in rape cases : Kerela High Court

“Kerela High court on 3rd Feb 2017 ordered to take fast action to record the evidence in cases charged with rape under section 375 IPC. This will help the victim overcome the trauma as well as the discomfort.”

The Kerala High Court has recently directed trial courts to take immediate action to record evidence of rape victims as early as possible to prevent them from further discomfort and trauma. “Calling upon a victim of rape to state her version of a gory incident, while she is on the verge of setting up a new life should be avoided as far as possible,” the Court held.

The court issued the order on a petition seeking to expedite the trial pending before the Special Court for Trial of Offences against Women and Children, Manjeri, in Malappuram district.

The victim had submitted before the court that she wanted the trial proceedings to be completed instantly as her marriage was fast-approaching. She fears that if she is called to give evidence after her marriage, it would adversely affect her marital life and sought a directive from the Sessions Judge to expedite the trial or at least complete the recording of her evidence.

The charge against the accused is under section 376 (rape) and 323 (voluntarily causing hurt) of the Indian Penal Code (IPC). Almost 13 witnesses are there to prove the prosecution’s case.

The High Court held that she is definitely entitled to have her evidence recorded expeditiously. “Having considered the facts and circumstances, on pure humanitarian considerations and to secure the interest of justice, the sessions court is directed to issue summons to witness number 1 to 3 and take all steps to record the evidence of the witnesses, as early as possible.”